Article 9 and lien-related legislation
Kentucky: House Bill 83, which originally addressed just judgment liens, was substituted on 3/10/2023 and now modifies several provisions related to scope and procedures for statutory liens on real property. The bill passed the House on 3/10/2023 and is now pending in the Senate.
Other uniform laws legislation (includes the 2022 Amendments to the UCC with UCC Article 12–Controllable Electronic Records)
Massachusetts: House Bill 1716, which was introduced on 2/16/2023 but arrived in committee with text on 3/13/2023, would adopt the Uniform Voidable Transactions Act. The bill is pending in the Joint Judiciary Committee.
North Dakota: House Bill 1082, which would enact the 2022 Amendments to the UCC, passed the Senate on 3/10/2023 and is pending action by the governor.
Texas: House Bill 5011 was introduced on 3/10/2023 to enact the 2022 Amendments to the UCC, including UCC Article 12–Controllable Electronic Records, and related amendments. Committee assignment is pending. This bill appears the same as Senate Bill 2075, which was introduced a day earlier.
Emerging technology legislation (blockchain, distributed ledger technology, cryptocurrency, etc.)
Texas: House Bill 5067 was introduced on 3/10/2023 to have the General Land Office create and implement a distributed ledger-based title registry pilot program. Committee assignment is pending.
Utah: The Senate passed, and the governor signed, House Bill 289 on 3/13/2023 to create a registry for non-custodial blockchain companies in the state. The new law takes effect on 5/3/2023.
Utah: The governor signed House Bill 470 on 3/14/2023 to require the Division of Technology Services to provide recommendations to government entities regarding digital verifiable records and credentials, plus create a pilot program for digital verifiable credentials. The new law takes effect on 5/3/2023.
Business organization legislation
Oklahoma: Senate Bill 649, which would address series of LLCs, passed the Senate on 3/8/2023 and is pending in the House. The bill would provide for the creation, regulation, and governance of protected series and registered series of LLCs.
Kansas: House Bill 2455 was introduced on 3/9/2023 to make various changes and updates to the state’s business organization laws. The changes include provisions intended to facilitate the use of electronic communications and signatures. The bill was assigned to the House Judiciary Committee.
Utah: The governor signed House Bill 357 on 3/13/2023 to adopt the Decentralized Autonomous Organizations Act. The bill (i) establishes the requirements of a decentralized autonomous organization (DAO) to be recognized by the state; (ii) establishes the purposes for which a DAO may be formed; and (iii) establishes the membership requirements and rights of members of DAOs. The new law takes effect on 1/1/2024.
Notary legislation
Iowa: House Bill 397, which would require that if a notary elects to use identity proofing for purposes of performing remote notarial acts, the identity proofing must conform to standards established by the secretary of state, passed the House on 3/14/2023. Committee assignment is pending in the Senate.
Massachusetts: House Bill 1525, which was introduced on 2/16/2023 but arrived in committee with text on 3/13/2023, provides authority and requirements for electronic and remote notarization. This appears similar House Bill 57 and House Bill 58. The bill was assigned to the Joint Judiciary Committee.
Massachusetts: House Bill 1540, which was introduced on 2/16/2023 but arrived in committee with text on 3/13/2023, would temporarily extend the COVID emergency authority for remote notarial acts until July 1, 2024. The bill was assigned to the Joint Judiciary Committee.
North Carolina: House Bill 394 was introduced on 3/15/2023 to provide that notarial acts performed by a person pursuant to federal law shall be treated as notarial acts by a person commissioned as a notary under North Carolina law. Committee assignment is pending.
North Dakota: The governor signed House Bill 1054 on 3/15/2023 to provide a form of application for a notary commission and provide that a notary commission may be renewed within 60 days of expiration in the same manner as an original commission. The new law takes effect on 8/1/2023.
Texas: House Bill 5004 was introduced on 3/7/2023 to make changes to online notarization requirements and procedures. The bill would also establish procedures for online notarization of tangible documents. Committee assignment is pending. This appears similar to SB 1780, which was also introduced last week.
Real estate recording-related legislation
Florida: Senate Bill 286, which would require that an assignment of leases and rents be perfected against the mortgagor in addition to third parties under certain conditions, passed the Senate on 3/15/2023 and is pending in the House. The bill also makes other changes regarding assignments of leases and rents.
Maryland: House Bill 457, which would limit the exemption from the recordation tax for a purchase money mortgage only to the extent that the mortgage secures purchase money, passed the House on 3/15/2023 and was assigned to the Senate Budget and Taxation Committee.
Massachusetts: House Bill 1405, which was introduced on 2/16/2023 but arrived in committee with text on 3/13/2023, would adopt the Uniform Real Property Electronic Recording Act. The bill was assigned to the Joint Judiciary Committee.
Massachusetts: House Bill 1689, which was introduced on 2/16/2023 but arrived in committee with text on 3/13/2023, would make several changes to recording requirements to protect titles to real estate. The changes include (i) font size requirements for identifying the instrument; (ii) time limits for recording an assignment of mortgage or foreclosure deed; and (iii) provide that a discharge of mortgage must include the original wet-ink mortgage note, along with all allonges and meet certain other requirements. The bill was assigned to the Joint Judiciary Committee.
Oregon: The governor signed House Bill 2029 on 3/13/2023 to increase the minimum font size on documents presented for recording with a county clerk from 8 point to 10 point. The new law takes effect on 1/1/2024.
Pennsylvania: Senate Bill 517 was introduced on 3/15/2023 to amend the Recorder of Deeds Fee Law so that counties can adjust the fee for recording a mortgage or deed annually to account for inflation. Certain limitations on that authority would apply. The bill was assigned to the Urban Affairs and Housing Committee.
Texas: House Bill 5067. See the entry under Emerging Technology above. Relates to distributed ledger-based land title registry.
Utah: The governor signed House Bill 211 on 3/14/2023 to void certain residential property service agreements and prohibit the recording of such void agreements. The new law also provides that recordation of void agreements in violation of this provision may be a violation of the Wrongful Lien Act. The new law takes effect 5/3/2023.
Utah: The governor signed House Bill 309 on 3/14/2023 to provide for redaction of certain information on recorded real estate documents. The new law takes effect on 5/3/2023.
Other items and legislation of interest
No developments to report.
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Note that this update provides only a short summary of the listed bills, which are often lengthy and complex. It is not intended to include all potentially relevant provisions of each bill. For full details, please review the bill on the applicable state legislative web site.